Divorce without husband's consent | Divorce if the spouse does not agree

Contents

Divorce without the consent of the husband in Ukraine
Unilateral dissolution of marriage in Ukraine
Grounds for divorce in Ukraine
Frequently asked questions to a lawyer in Ukraine

Family lawyer

Hello! Divorce unilaterally is, of course, possible. The only thing to consider is that such a procedure is carried out on the basis of a court decision.

Unilateral dissolution of marriage in Ukraine

Divorce unilaterally is carried out according to the following procedure.

Divorce without consent can only be carried out through the courts. It does not matter here whether the spouses have joint minor children or not. The refusal of one of the spouses to divorce is the basis for the decision of the case through the courts.

The spouse who intends to dissolve the marriage applies to the court with a statement of claim drawn up in accordance with the current legislation of Ukraine.

Here it is important to correctly draw up a statement of claim for divorce and indicate in it all the necessary information: information about the plaintiff and the defendant, the reasons for the dissolution of the marriage. It is also important to prepare all the necessary package of documents for filing it with the court. Depending on the correctness of the preparation of the application to the court, the proceedings on your case may be opened or left without consideration. Therefore, we recommend that you seek help from a family lawyer who will help you with drawing up a statement of claim and resolving the case in your favor.

Typically, the claim must be made at the place of residence of the defendant. However, there are cases when a statement of claim can be filed at the place of registration of the plaintiff.

The conditions for filing a statement of claim with the court at the place of registration of the plaintiff may be as follows:

the presence of young children;
lack of information about the registration and place of residence of the defendant;
other reasons specified in the legislation.

If the defendant deliberately delays the procedure for divorce, does not appear at the court hearings, does not provide any explanations, then the court may issue a positive decision in absentia on divorce.

However, if the plaintiff does not agree with this decision, he has the right, within thirty days, to file a complaint with the appellate court and declare this decision unlawful.

But, if the appellate court takes a positive decision and recognizes the past decision as legal, then the decision will enter into legal force and the marriage will be dissolved.

You should also pay attention to situations in which divorce in court will be more difficult. So, divorce is impossible if the wife is pregnant or a year has not passed since the birth of the common child.

Elena Litvinenko

Family lawyer

Dissolution of a marriage during the period of the wife's pregnancy or before the child reaches one year of age is possible only if the spouse has committed an unlawful act.

Also, do not forget about the possibility to file a claim for divorce online. In addition to speeding up the process of filing a claim, this method is also convenient because you receive notifications about changes in the case. You will receive a notice of the opening of the proceedings, the appointment of the date of the trial, and the adjudication of the divorce case.

Grounds for divorce in Ukraine

Quite often I am asked whether there are such grounds that the plaintiff can indicate in the statement of claim and they will convince the judge to make a positive decision.

One of the principles of Ukrainian family law is the freedom to enter into and dissolve a marriage. Every citizen has the right to independently decide on the termination of family relations.

Therefore, in order to go to court with an application for divorce, no reason is needed.

Unwillingness to be in a family relationship is already sufficient reason for the marriage to be dissolved.

After analyzing the court practice, I came to the conclusion that about 95% of court decisions are in favor of the plaintiff. Therefore, for divorce, the main thing is to prepare and submit all the necessary documents, as well as determine the jurisdiction of the case.

Thus, the marriage can be dissolved unilaterally, and no grounds are required for this.

If you do not have the consent of your second spouse to divorce, do not be discouraged. I am sure that by going to court, you will receive a positive decision, you just have to wait a little.

If you want to speed up the process of divorce as much as possible, contact a divorce lawyer for advice and assistance. Family law specialists are guided by the intricacies and details of divorce without the consent of one of the spouses and will help you quickly resolve the case in your favor.

Also, when registering a divorce without consent, it is important to resolve all issues of a property and non-property nature. These are questions regarding the division of joint property – movable and immovable, determination of the child’s place of residence, meetings of the second parent with children, the procedure and amount of the collection of alimony.